Online Hearings in Proceedings before International Commercial Courts

Abstract

The paper presents analysis of the use of online hearings in proceedings before international commercial courts. International commercial courts are not a new phenomenon, with the Commercial Court of England and Wales having been established in London already in 1895. What is new is the increased prominence of such courts over the last six years. The article focuses on three jurisdictions in Europe: Germany, France, and the Netherlands. The author examines to what extent communication technologies are being used in proceedings before international commercial courts in Europe and also whether – and, if so, how – the COVID 19 pandemic has affected this. The overall finding is that there has been increased demand for video hearings since the beginning of the pandemic, if not earlier. The article is focused primarily on cross-border taking of evidence by means of videoconferencing. In this context, it highlights the changes in the recast of the Taking of Evidence Regulation. The author concludes that the commercial courts presented will most likely not benefit from the recast.